Myanmar has finally enacted its long-awaited Trademark Law on January 30, 2019. A summary of the provisions of the new Trademark Law is provided below:
To enjoy statutory protection under the new Trademark Law, all existing trademarks recorded in Myanmar must be registered under the new system. Under this first-to-file system, if two or more parties apply to register identical or similar marks on the same day, the Registrar will instruct the applicants to negotiate amongst themselves before intervening. Applications can be filed in the English or Myanmar languages, but translations must be provided upon request. The availability of multiple class applications is still unclear. Old Declarations of Ownership can be submitted at the time of filing to support the new applications. Registered trademarks will be valid for a period of 10 years from the filing date, and are renewable in perpetuity.
Notably, the substantive examination of applications will not be conducted on relative grounds of refusal. However, the law establishes a statutory publication period of 60 days for interested parties to file oppositions. The law also contains provisions governing the protection of Geographical Indications.
